NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIETNAM
Independence-Freedom-Happiness
Hanoi, 7 July 1990
LAW ON TRADE UNIONS
In order to develop the law relating to trade unions in the socialist revolution, and to ensure the democratic rights and benefits of workers;
Pursuant to articles 10,32,83,86 and 106 of the Constitution of the Socialist Republic of Vietnam;
This law makes provisions in relation to the functions, powers and obligations of a trade union .
CHAPTER I
General Provisions
Article 1
1. A trade union is a large political and social organization of the working class voluntarily established under the leadership of the Vietnamese Communist Party. It represents Vietnamese workers (workers), is part of the political system of Vietnam and brings the benefits of socialism to workers.
2. Vietnamese workers employed in the business and production units of economic sectors, enterprises with foreign owned capital, other work units, State bodies and social organizations, (referred to as bodies, units, and organizations) are all entitled, within the framework of the trade union laws of Vietnam, to establish and join trade unions.
Any union establish by workers in accordance with the provisions of the law shall be entitled to join a trade union federation.
When a trade union is established it shall inform the government body or organization concerned in order that official relations may be established.
Obstruction and violation of the principles of voluntary recruitment to the organization and operation of a trade union and discriminatory treatment of workers who join and participate in a trade union are prohibited.
3. Each trade union from the local level upwards shall have the status of a legal entity.
The General Federation of Labour of Vietnam and Vietnamese trade union associations are entitled to join international trade union organizations which have like objectives.
Article 2
1. Each trade union shall represent and protect the rights and legitimate interests of the workers. It shall be responsible for liaising with the State in order to increase production, create jobs, and improve the standard of living of workers.
2. Each trade union shall represent and organize workers by participating in the economic and social management of bodies, units, organizations, and the State. A trade union shall, within the limits of its function, exercise its power to control the activities of bodies, units and organizations in accordance with the provisions of the law.
3. Each trade union shall organize, educate and encourage workers to become masters of their country, perform the duties of citizens, and build and protect the socialism of the fatherland of Vietnam.
Article 3
1. Each union shall, in carrying out its activities, abide by the Constitution and the law.
State bodies and the heads of units and organizations shall observe the rights of unions as independent entities and all other rights provided in this Law.
2. State bodies, and the heads of units, organizations, and unions shall together strengthen co-operation and relations in all activities with the aim of strengthening those bodies, units, and organizations in order to build the nation and to take care of the interests of its workers. Where different opinions exist they shall be discussed and be the subject of negotiations in order that they may be resolved in accordance with the law. State bodies and heads of units and organizations shall be responsible for the creation of conditions necessary for the activities of unions.
3. The Council of Ministers shall, with the agreement of the General Federation of Labour of Vietnam, make specific provisions regulating relations and operation at all levels between State bodies and head of units, organizations and unions.
CHAPTER II
Rights and Obligations of Trade Unions
Article 4
1. Each union shall represent and organize the States workers in order to establish and carry out economic and social development programmes, policy, economic management and objectives, and policy concerning the rights, obligations, and interest of workers.
The President of the General Federation of Labour of Vietnam shall be entitled to attend the meetings of the Council of Ministers. Presidents of unions at all levels shall be entitled to attend the meetings of State bodies, units, and organizations concerned when the matters being discussed at those meetings relate to the rights, obligations, and interests of workers.
2. Each union shall promote the constitution and laws, educate workers to follow and uphold the law, participate in the building of socialism, protect the fatherland, protect socialist property, and work with discipline, productivity, quality, and efficiency.
3. Unions at local levels shall, with bodies, units, and organizations ensure that their right to take charge of a labour association is carried out in accordance with provisions of the law.
4. Each union shall, with bodies, organizations, State run economic units, work units, and co-operatives organize a movement of competition within socialism in order to develop the potential of all workers and to achieve economic and social objectives.
Article 5
1. The General Federation of Labour of Vietnam shall be entitled to submit draft laws and ordinances to the Legislative Assembly and the State Council in relation to any matters which directly concern the rights, obligations, and interests of workers.
2. Each union shall co-operate with State bodies in order to develop laws, policies, and regimes in relation to labour, wages, labour protection, and other social policies which relate directly to the rights, obligations, and interests of workers.
3. Each union shall be responsible for encouraging and inspecting the implementation of labour policy and regimes.
Article 6
1. Each trade union shall co-operate with State bodies in researching scientific applications and labour protection techniques and in devising standard, and regulations for labour protection and industrial hygiene.
2. Each trade union shall educate workers to observe, strictly, provisions on labour and protection of the environment.
3. Each trade unions shall monitor the observance of labour protection laws. In the event that any sign of danger which might threaten the life of a worker is discovered within a workplace, the trade union shall be entitled to request that the person responsible carry out immediately all measures necessary in order to ensure occupational safety, including where required, the suspension of operations.
4. Trade union representatives shall participate in the investigation of labour accidents. A trade union shall be entitled to request that State bodies or courts prosecute persons responsible for labour accidents in accordance with the provisions of the law.
Article 7
Each trade union shall liaise with the bodies, units, and organizations concerned in order to create employment, organize training, and improve the professional standards, culture, and science and technology skills of workers.
Article 8
1. Each trade union shall participate in the formation of social policies and liaise with the State body responsible for management of social insurance in accordance with the provisions of the law.
2. Each trade union shall, with the bodies, units, and organizations concerned, be responsible for organizing and taking care of the cultural life, sporting activities, recreation, and tourist activities of workers.
3. Each trade union at a local level shall, for the benefit of the workers, co-operate with the bodies, units, and organizations concerned in the management and use of the collective welfare fund.
Article 9
1. Each trade union shall, within its function, monitor the observance of the laws on labour contracts, employment, retrenchment, wages, bonuses, labour protection, social insurance and policies in relation to the rights, obligations and interests of workers.
2. Each trade union shall request that the heads of bodies, units, and organizations reply to all its questions and shall recommend measures to rectify deficiencies in the law, prevent offences being committed against the law, and deal with offenders.
3. Heads of bodies, units, and organizations shall reply to the trade union resolution within the time limits provided by the law. Reasons must be given in relation to any matters which remain outstanding.
Article 10
1. Each trade union shall, as the representative of the workers, request that the head of any bodies, units, and organizations concerned meet and answer all questions raised by the workers.
2. Where necessary, the trade union shall organize a discussion to be held between the workers and the head of the body, unit or organization concerned in order that any matters relating to the rights, obligations, and interests of the workers may be resolved.
Article 11
1. Trade unions at local levels shall represent workers in singing collective labour agreements with directors of enterprises belonging to economic sectors and shall control the singing and performance of labour contracts.
2. Trade unions shall represent workers in negotiations with the heads of bodies, units, and organizations in order to resolve labour disputes within those bodies, units, and organizations. A representative of the trade union shall attend and state his opinion at the hearing of labour disputes by an authorized organization or court.
3. A worker who is not a member of the trade union shall have the right to request that the executive committee of the trade union represent and protect his rights and legitimate interests before a court, or the head of the body, unit or organization concerned.
Article 12
1. State bodies, heads of units and organizations shall have discussions with their counterpart trade union before making any decisions in relation to the rights, obligations, and interests of workers.
2. Before making any decisions in relation to salary, bonuses or housing, or applying any disciplinary measures to force a worker to resign or to terminate a labour contract prior to its expiry, the director of a State run enterprise, or head of a State body or work unit shall discuss and agree upon the matter with the executive committee of the trade union.
In the event that both sides disagree on the matter concerned, they shall refer it to an authorized body or organization for resolution in the manner provided for in this article.
Within thirty (30) days from the date of receipt of such a reference, the body or organization concerned shall reply.
The Council of Ministers and General Federation of Labour of Vietnam shall make specific provisions on the process and procedures to be adopted in resolving matters where unanimous agreement is not reached between the trade union and the head of the body, unit or organization concerned.
Labour disputes shall be resolved in accordance with the law on resolution of labour disputes.
3. The matters for discussion and agreement between the General Federation of Labour of Vietnam and the Council of Ministers shall be decided in accordance with the rules pursuant to wich their activities are co-ordinated.
Article 13
The Council of Ministers shall, pursuant to the provisions of this Law and with the General Federation of Labour of Vietnam, make specific provisions on the rights and responsibilities of the trade unions at local level. The provisions shall be consistent with the nature of each type of body, unit, organization, enterprise and co-operative which comprise the various economic sectors.
CHAPTER III
Guarantees of Trade Union Activities
Article 14
The heads of bodies, units, and organizations shall create favourable conditions and provide information to the trade union necessary for the performance of its functions, rights, and obligations.
The Council of Ministers shall, with the agreement of the General Federation of Labour of Vietnam, make specific provisions on these matters.
Article 15
1. Heads of bodies, units, and organizations shall create favourable conditions for a worker to fulfil his responsibilities where he is elected to the executive committee of, or requested to perform tasks by, a trade union.
2. Trade union officers who are not specially skilled for particular tasks shall be allowed a fixed period of time during working hours to perform their trade union duties. The Council of Ministers and General Federation of Labour of Vietnam shall make specific provisions as to the time and conditions for activities to be carried out by such trade union officers.
3. The General Federation of Labour of Vietnam shall make regulations on the number of officers required for administration of a trade union.
The salary of trade union officers shall be stipulated, in accordance with general policy, by the General Federation of Labour of Vietnam and shall be paid out of trade union funds.
4. Any decision to dismiss, retrench or terminate the labour contract before expiry or transfer the job of a member of the executive committee of a trade union shall be agreed to by the executive committee of the trade union at the same level. Decisions made in relation to the chairman of the executive committee of a trade union shall be agreed to directly by a trade union of a higher level.
Article 16
1. Each trade union shall carry out its financial management in accordance with the law and provisions of the General Federation of Labour of Vietnam.
2. The sources of trade union funds shall include:
a) Membership fees contributed by trade union members, revenue earned from cultural activities, sport, tourism, the business of the trade union, and donations from international organizations and foreign trade unions.
b) Funds from the State Revenue and money received from the funds of bodies, units, and organizations which have been transferred to the trade union fund in accordance with the provisions of the Council of Ministers.
Article 17
The assets of the trade union are socialist assets and shall be protected, managed, used, and their development encouraged in accordance with the law.
The property, chattels, trade union funds, facilities for operation, and all assets created by the trade union or by donation from foreign countries shall be assets owned by the trade union.
CHAPTER IV
Final Provisions
Article 18
Any person who breaches any of the provisions of this Law shall be disciplined by administrative punishment or be liable for criminal prosecution depending on the seriousness of the offence.
Article 19
This law shall replace the Law on Trade Unions dated 5 November 1957
All previous provisions which are inconsistent with this law are hereby repealed .
This law was passed by Legislature VIII of the National Assembly of the Socialist Republic of Vietnam at its 7 th Session, on 30 June 1990.
President of National Assembly
LE QUANG DAO |
